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1.6 Landfill - Shall mean that facility receiving construction and demolition debris for
<br />final disposal located at Speedrail Industrial Park in Cabarrus County, North Carolina.
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<br />SECTION 2 - NONEXCLUSIVE FRANCHISE
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<br /> 2.1 Pursuant to this Agreement; by adoption of the ordinance granting the franchises
<br />herein described and approving this Agreement; pursuant to the authority granted by N.C.G.S.
<br />160A, Article 20, N.C.G.S. 153A-46 and 153A-136, N.C.G.S. 160A, Article 16, N.C.G.S. 130A,
<br />Article 11, and all other applicable state and local laws and ordinances; This Agreement grants to
<br />and confers upon LLC a nonexclusive right and franchise to establish, own and operate within
<br />the unincorporated areas of the County a construction and demolition debris landfill and resource
<br />recovery facility.
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<br /> The grant of these rights is subject to the condition that, in addition to all other applicable
<br />laws, rules and regulations, LLC must at all times comply with all requirements of the
<br />Agreement and all requirements and conditions of any federal state or local law, regulation, rule
<br />or ordinance, including without limitation, the County Zoning Ordinance and Conditional Use
<br />Permit 222(c) or its replacement or successor.
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<br /> 2.2 LLC shall provide, directly or through subcontractors, all labor, materials,
<br />equipment, skills, tools, machinery, supervision, facilities, and other services or material in order
<br />to provide for the disposal of construction and demolition debris in accordance with this
<br />Agreement. LLC shall pay, at its sole expense, all costs, expenses, license fees, and other fees,
<br />costs and charges of any kind or nature required to provide construction and demolition debris
<br />disposal services.
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<br /> 2.3 The relationship between the parties shall be limited to performance of this
<br />Agreement solely in accordance with its terms. No party shall have any responsibility
<br />whatsoever with respect to services provided or contractual obligations assumed by the other
<br />party and nothing in this Agreement shall be deemed to constitute either party a partner, agent, or
<br />legal representative of the other party or to create any fiduciary or agency relationship.
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<br /> 2.4 The nonexclusive franchise shall permit the acceptance at the Landfill of a
<br />maximum of 250,000 tons of construction and demolition debris per year.
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<br />SECTION 3 - INDEMNIFICATION
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<br /> LLC will indemnify and hold hasmless the County and its officers, agents and employees
<br />from and against (as they are incurred and finally awarded) all liabilities, claims, damages,
<br />losses, costs and expenses (including without limitation, legal costs and expenses and attorney's
<br />fees) of any kind or nature, arising out of or in any way resulting from or attributable to the
<br />performance (or non-performance) of LLC, its agents, employees or officers, their work or
<br />actions, whether authorized by LLC or pursuant to this Agreement or not, provided that any such
<br />liability, claim, damage, loss, cost or expense (a) is attributable to interference with use and/or
<br />enjoyment of property, bodily injury, sickness, disease, or death, or (b) injury to or destruction of
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